Discovery in criminal cases; penalties. (HB873)

Introduced By

Del. Jeff Bourne (D-Richmond) with support from co-patron Del. Lamont Bagby (D-Richmond)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Discovery in criminal cases. Establishes requirements and procedures for discovery by an accused and by the Commonwealth in a criminal case. The bill requires a party requesting discovery to request that the other party voluntarily comply with such request prior to filing any motion before a judge. Upon receiving a negative or unsatisfactory response, or upon the passage of seven days following the receipt of the request without response, the party requesting discovery may file a motion for discovery with the court. The bill details information that is subject to discovery and provides that discovery shall be provided at a reasonable time before trial but that in no case shall it be provided later than (i) 14 days before trial on a misdemeanor in circuit court, (ii) 30 days before trial on a felony or multiple felony counts punishable by confinement in a state correctional facility for an aggregate of 30 years or less, or (iii) 90 days before trial on a felony or multiple felony counts punishable by confinement in a state correctional facility for an aggregate of more than 30 years. The bill also provides a mechanism for redaction of certain personal identifying information and creates a procedure for either party to move the court to enter a protection order with regard to discovery. Finally, the bill grants the court the ability to impose various remedies it deems just if a party fails to comply with any of the requirements. This bill incorporates HB 1153. Read the Bill »


02/12/2020: In Committee


01/07/2020Prefiled and ordered printed; offered 01/08/20 20101904D
01/07/2020Referred to Committee for Courts of Justice
01/08/2020Impact statement from VCSC (HB873)
02/04/2020Impact statement from DPB (HB873)
02/04/2020Assigned Courts sub: Criminal
02/07/2020Subcommittee recommends reporting (5-Y 0-N)
02/07/2020Reported from Courts of Justice with substitute (10-Y 7-N) (see vote tally)
02/07/2020Committee substitute printed 20107766D-H1
02/07/2020Incorporates HB1153 (Lopez)
02/09/2020Read first time
02/10/2020Read second time
02/10/2020Committee substitute agreed to 20107766D-H1
02/10/2020Engrossed by House - committee substitute HB873H1
02/11/2020Read third time and passed House (56-Y 44-N)
02/11/2020VOTE: Passage (56-Y 44-N) (see vote tally)
02/12/2020Constitutional reading dispensed
02/12/2020Referred to Committee on the Judiciary
02/17/2020Impact statement from DPB (HB873H1)

Hearing Scheduled

This bill is scheduled to be heard in the Senate Judiciary committee on 02/24/2020. It meets on Monday, 8:00 A.M. and Wednesday, 1/2 hour after adjournment - Senate Room B.

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